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HomeMy WebLinkAbout05/10/1984CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 1984 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 10th, 1984, at 8:00 6'clock p.m. at the City Hall. PRESENT: Councilmembers Goodwin, Holton, Humphrey and Savanick; Clerk Asleson. ABSENT: Mayor Branning. Acting Mayor Holton called the meeting to order at 8:04 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Goodwin, seconded by Savanick, approving the agenda for to- night's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA CONSENT AGENDA TREE REMOVAL CONTRACT V.A.A. RAFFLE LICENSE CARROLLWOOD 5TH SETBACK VARIANCE REVISED BLDG. PERMITS CARROLLWOOD 5TH RES. 1984-73 FINAL PLAT MEADOWLARK 2ND HIRE MIRANOWSKI BLDG. INSPECTOR HIRE PARTTIME EMPLOYEES MOTION: of Savanick, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Goodwin, awarding a contract for 1984 tree removals to Scherer Tree, at $12.00 per diameter inch, based on its proposal dated March 28, 1984. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, approving a raffle license for the Valley Athletic Association for a one-time raffle. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, granting variances for Lots 25 and 26, Block 1, Carrollwood Village 5th Addition to allow erection of a structure to within 10 feet of the rear lot lines and 16 feet of the front lot lines as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, approving revised building permits for fourplexes to be located on Lots 13 to 16 and 29 to 52, Block 1, Carrollwood Village 5th Addition, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1984- 73 approving the final plat and development agreement for Meadowlark Glen 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, approving hiring Dennis Miranowski for the position of Building Inspector I effective June 4, 1984, at a starting salary of $1,701 per month. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, approving hiring the parttime employees as listed in the memo from the City Administrator dated May 8, 1984. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 1984 Page 2 MOTION: of Savanick, seconded by Goodwin, approving the minutes of the special and regular meetings of April 26th, 1984, as written. Ayes - 4 - Nays - O. APRIL 26, 1984 MINUTES AUDIENCE DISCN. Acting Mayor Holton asked if anyone was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. Acting Mayor Holton called the public hearing to order at 8:07 p.m. to PUBLIC HEARING consider vacating a drainage and utility easement in Sherman Heights SHERMAN HGTS. and noted receipt of the affidavit of publication of the hearing notice. EASEMENT VACTN. John Gretz reviewed the proposed vacation on Lots 7 and 8, Block 2; re- quired because these lots are being replatted for duplex lots. Acting Mayor Holton asked for questions or comments from the audience and Council; there were none and the hearing was closed at 8:08 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 74 approving vacation of the drainage and utility easement on Lots 7 and 8, Block 2, Sherman Heights, and directing the Clerk to file notice of the vacation with the County Recorder. Ayes - 4 - Nays - 0. RES. 1984-74 VACATE EASEMT. SHERMAN HGTS. Acting Mayor Holton called the public hearing to order at 8:09 p.m. on PUBLIC HEARING Project 84-12, Pinecrest public improvements, and noted receipt of the PROJ. 84-12 affidavit of publication of the hearing notice. Keith Gordon reviewed PINECREST the preliminary engineering report dated April 6, 1984, and noted that the developer will be installing internal utilities and streets and only the portion of the report related to trunk improvements is applicable. Only the Shepherd of the Valley Lutheran Church property is proposed to be assessed for trunk improvements. The balance of the property was previously assessed for trunks. The Church property will also be subject to assessments for lateral benefit from trunks along the south side of the property. If this cost is not assessed this year, it will be done at some point in the future. The storm sewer, shown in the report, will not be neces- sary at this time and will not be constructed. Councilmember Savanick questioned assessments to the Church property. Mr. Asleson reviewed the City's trunk assessment policy. Mr. Gretz said the Church is aware of the amount of the assessments. Acting Mayor Holton asked for questions or comments from the audience and Council; there were none and the hearing was closed at 8:15 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1984- ordering Project 84-12, Pinecrest improvements, recognizing the City will not be doing direct construction as a result of this project, but future assessments will result for Shepherd of the Valley Lutheran Church. Ayes - 4 - Nays - O. RES. 1984-75 ORDERING PROJ. 84-12 HISTORICAL COMMITTEE DISPLAY CASE FISCHER GRAVEL OPERATIONS STATUS REPORT Acting Mayor Holton acknowledged the donation of a display case by the Historical Committee to the City. Carlyle Mitchell presented the keys to the case to Acting Mayor Holton and introduced other members of the Committee present; Barbara Linkert, Lois Puckett and Alan Kohls. John Gretz reported that he had met with residents May 8, 1984, to re- view gravel operations issues related to Fischer Sand & Gravel. A CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 1984 Page 3 further meeting is scheduled May 22, 1984, including Ray and Math Fischer, their attorney, Mr. Sheldon, the Mayor, four residents of the area and Mr. Gretz. Mr. Gretz said he has checked with the PCA on dust standards and will be receiving more information from them. The Council received a memo dated May 1, 1984, from John Gretz concerning CEDAR AVENUE noise barriers on Cedar Avenue. Mr. Gretz said drawings exhibited by NOISE BARRIERS MnDOT showed noise walls along Cedar Avenue, north of 140th Street and it was assumed they would be constructed. He has been advised that only chain link fence will be installed. Bob Rosas and Larry Erb of MnDOT were present and Mr. Rosas said the noise walls were shown as proposed on the exhibits but were not included in the Plans. Noise walls are not built unless there is a resolution from the local governimg body requesting them and public involvement must precede the request. Mr. Erb made noise measurements in the area yesterday and it does not exceed state standards at this time. On March 4, 1981, a meeting was held by the Planning Commission on the noise walls shown as "proposed" on an exhibit. Residents were asked to contact MnDOT and no one requested the noise walls. Mr. Erb said residents of the Hidden Ponds area met with him about their noise concerns along the ramp area for the future east-west section of the road where they want walls. Acting Mayor Holton said the City never formally requested noise walls along 35-E and they were constructed. Councilmember Goodwin asked what would have happened if the City had requested noise walls? Mr. Rosas said earth mounds along the road were built to reduced noise and this has achieved state standards; walls would probably not have been built. Councilmember Humphrey asked when these regulations were promulgated and when was the City notified of these procedures? Mr. Rosas said he could not answer that. Councilmember Goodwin asked if walls have been built in other cases where cities have requested them? Mr. Rosas said they have not always been built. Norman Nack, Surrey Trail, said he moved in after the hearing was held and was told there were going to be noise walls and there are other residents in the area in the same situation. He has also seen children putting their bikes over the chain link fence and crossing Cedar Avenue because the fence is not high enough. He also said noise readings should be taken more often than just one day. David Waddelt, 385 Cimarron, said he moved in a year and a half ago and agrees more noise readings need to be taken. Jim Agan, 403 Cimarron, said the noise is depreciating the property values. Ne re- ferred to minutes of the 1981 meeting where noise levels were discussed and said he believes the noise will exceed acceptable levels; if not today, within a short time. MOTION: of Humphrey, seconded by Goodwin, adopting a resolution request- lng MnDOT to construct noise walls along Cedar Avenue, north of 140th Street. REQUEST CEDAR NOISE WALLS Councilmember Goodwin asked about additional noise testing, when it should be done, how often and who does it? CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 1984 Page 4 Jim Agan said what testing has been done, shows noise walls are needed. A lawsuit has been filed by Mr. and Mrs. Yoho because of the noise. He presented a petition to the Council requesting the noise walls. Councilmember Savanick said the City should find out how much construction of noise walls will cost and find out if they can be added onto the east-west Zoo road construction. Mr. Rosas said he believes one noise measurement is adequate; however the PCA will also do noise measurements. No Federal money is available for these walls because their noise requirements are greater than state standards. He does not believe the State would spend money for noise walls where noise does not exceed state standards. Two other residents also commented on their understanding noise walls would be constructed. Mr. Asleson suggested a written draft of a resolution requesting construction of the noise walls be prepared for the Council to review before acting on the motion. The motion and second withdrew with the understanding a written document would be prepared for the May 24, 1984, meeting. Councilmember Savanick asked if the east-west portion of the road will have noise walls? Mr. Rosas said no noise walls are shown, only earthen mounds. Acting Mayor Holton read a proclamation proclaiming May 13 to 19, 1984, as Police Week and May 15, 1984, as Police Memorial Day. The Council received a memo dates May 7, 1984, from Police Chief Rivers describing some of the activities planned for Police Week. PROCLAIM POLICE WEEK & DAY The Council received the Planning Commission report dated May 3, 1984, concerning a building permit for Morningview recreation center. Jim Nervig, of Thompson Homes, was present and reviewed plans for a pool and building. The area will include a double tennis court, volleyball court and picnic area. Maintenance fees for the area will be subsidized by Thompson Homes through 1985 at which time an association will take over. Memberships will be offered to 100 homeowners who had previously pur- chased homes and will be part of the purchase price for those buying homes after February 1, 1984. The membership will become a deed attachment on these properties and if annual dues are unpaid, they will become a lien on the property and recovered when it is sold. Councilmember Savanick said she is concerned that the association may have problems maintaining the area in the future. Mr. Nervig said purchasers will know this is included with their homes and should be aware of it. MOTION: of Goodwin, seconded by Humphrey, approving a building permit for the Morningview Recreation Center on Blocks 13 and 14 and part of Outlot A, Morningview 2nd Addition, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MORNINGVIEW RECREATION CENTER The Council received a memo dated May 3, 1984, from Rick Kelley, concerning amend- ments to the Zoning Ordinance. Mr. Gretz reviewed the proposed changed with the Council. CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 1984 Page 5 MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 318 amending City Code Section A1-8(g) to allow accessory storage buildings 16 feet in height and 750 square feet in area and Section A1-37(d) to allow outdoor sidewalk cafes in conjunction with a free-standing restaurant and other conditions as recom- mended by the Planning Commission. Ayes - 4 - Nays -'0. ORDINANCE 318 AMEND ZONING FOR ACCESSORY BLDG. & SIDE- WALK CAFES GREENSTREETS SIDEWALK CAFE BLDG. PERMIT MOTION: of Goodwin, seconded by Savanick, approving a building permit for an outdoor sidewalk cafe at Greenstreets Restaurant, Lot 2, Block 3, Valley Commercial Park 1st Addition, subject to fencing, ac- cess control and landscaping excluding berms or plantings being physically located within the boulevard area as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Councilmember Humphrey said he had been contacted about a drainage prob- MEADOWLARK lem related to Meadowlark Glen improvements and asked to discuss it at GLEN/LENFESTY this time. Keith Gordon said water is standing behind the Lenfesty pro- DRAINAGE perry on 128th Street because of the construction. When storm sewer is PROBLEM constructed, in about a month, the problem will be resolved and the con- tractor is digging a trench now to temporarily solve the problem. Mrs. Lenfesty said the water is now about four feet deep and the steep bank is dangerous. Mr. Gordon said he would check the site in the morning. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 76 approving plans and specifications for Project 84-13, Forest Park Estates 4th Addition Improvements, and authorizing adver- tisement for bids to be received at 2:00 p.m. on June 12,'1984. Ayes - 4 - Nays - 0. RES. 1984-76 PLANS & BIDS PROJ. 84-13 RESCHEDULE JUNE 14THMEETING MOTION: of Humphrey, seconded by Goodwin, rescheduling the regular Council meeting of June 14, 1984, to Monday, June 11, 1984, at 8:00 p.m. Ayes - 4 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1984- RES. 1984-77 77 receiving the preliminary engineering report for Project 84-14, SET HEARING Forest Point Improvements, and setting a public hearing on it at PROJ. 84-14 8:00 p.m. on June 11, 1984. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1984- RES. 1984-78 78 receiving the preliminary engineering report for Project 84-15, SET HEARING Sidewalk Along the East Side of Pennock Avenue from Whitney Drive PROJ. 84-15 to 146th Street, and setting a public hearing on it at 8:00 p.m. on June 11, 1984. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1984- 79 ordering installation of Project 83-6, County Road 11 and 140th Street Intersection Improvements. Ayes - 4 - Nays - 0. RES. 1984-79 ORDER PROJ. 83-6 RES. 1984-80 CANCEL LEVY FOR REFUNDED BONDS MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1984- 80 cancelling all remaining tax levies, commencing with the year 1984, for the bond issues refunded by Resolution No. 1984-47. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 10, 1984 Page 6 MOTION: of Goodwin, seconded by Savanick, approving hiring Tamara Alt as a parttime Liquor Clerk effective May 14, 1984. Ayes - 4 - Nays - 0. HIRE ALT P.T. LIq. CLERK MOTION: of Goodwin, seconded by Humphrey, approving the 1984-85 Labor AFSCME LABOR Agreement between the City and A.F.S.C.M.E. Local No. 479, date AGREEMENT stamped May 10, 1984, for all maintenance employees and auth- orizing the Acting Mayor and Clerk to sign the same. Mr. Asleson reviewed the details of the agreement with the Council and said it is a two-year agreement for all items except wage amounts and group insurance. These items are for 1984 only. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving 1984 filling stat- ion and cigarette licenses for Thomas Malachway, d/b/a Barney's at 220 County Road 42 (formerly Apple Valley Spur). Ayes - 4 - Nays - 0. MALACHWAY 1984 LICENSES AMMANNUAL MEETING CLAIMS & BILLS The Council received notice of the Association of Metropolitan Munici- palities annual meeting to be held May 30, 1984, and Acting Mayor Holton encouraged those who could to attend MOTION: of Goodwin, seconded by Savanick, to pay the claims and bills, checks numbered 31041, 37403 through 37422, 37424 through 37434, 37443 through 37466, 37475 through 37518, 37520 through 37537 and 37539 through 37601, in the total amount of $486,362.52. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:30 o'clock p.m.